Sole-Source Determination signed_InVeris_07-29-2022~1.pdf

SOLE-SOURCE DETERMINATION AND JUSTIFICATION

FOR SUPPLIES AND SERVICES

To: Designated Procurement Officer

Oregon Military Department

From: Camp Rilea Installations Division Oregon Military Department

Agency Analyst/Procurement Specialist: Corey Brech

Date: 07/29/2022

Re: Sole Source Determination pursuant to Oregon Revised Statute (ORS) 279B.075 and Oregon Administrative Rule (OAR) 125-247-0275

Part A

1. Authority to enter into a Sole-Source Contract: OAR 125-246-0170(2)(c)(H)

2. Estimated Total Value of Contract: $136,239.61

InVeris Quote # 23926-22-USM Rev 1 dated 11-Jul-2022 is referenced.

3. Subject of Contract: Parts and repair service for Stationary Infantry Targets (SIT), manufactured and supported by InVeris Training Solutions (InVeris) formerly Meggitt Training Systems, Inc.

(Meggitt).

4. Background: This sole source justification applies to the purchase of:

Firing range components on the Modified Record Fire (MRF) range at Camp Rilea Armed Forces Training Center.

Meggitt, now InVeris, was the original equipment manufacturer and installer of the MRF range at Camp Rilea over 25 years ago. This firing range is used to train and test individual soldiers on the skills necessary to identify, engage, and defeat stationary infantry targets for day/night qualification requirements with specific weapons systems.

The existing MRF range consists of 16 firing lanes; each lane is outfitted with 9 fully automated Stationary Infantry Targets (SIT) from InVeris. Several of these targets need to be replaced to keep the range in proper working order.

InVeris maintains the rights to their product, and the components are not interchangeable with other manufacturers’ equipment. The operating software, all interfaces and components are proprietary items owned by InVeris. The company has no authorized distributors for parts or equipment.

The Oregon Military Department (OMD) intends to issue a Purchase Order (PO) to InVeris for parts and repair service to replace 28 Stationary Infantry Targets (SIT) on the MRF range at Camp Rilea.

This purchase will include an upgrade to the existing computer system that operates the targets to meet current standards.

5. Findings:

A. Market Research Overall Finding.

Market research has concluded that the maintenance and service of the existing MRF range hardware, proprietary nature of software and brand name are only unique to InVeris. To promote competition in the market and obtain a competitive bid, it would require procuring a new universal target system. This would result in a substantial duplication of cost as in a complete tear-down and rebuild of the MRF range.

The equipment repairs and software upgrade have been planned with the existing MRF systems in mind.

The compatibility with the existing systems avoids an estimated value over $1 million dollars, which is not expected to be recovered through competition.

And

B. Findings of Fact pursuant to OAR 125-247-0275(2) must include, at a minimum, one of the following:

1. Pursuant to OAR 125-247-0275(2)(a): Compatibility. Provide findings supporting your determination that the efficient utilization of existing goods requires the acquisition of compatible goods or services from only one source.

InVeris's Stationary Infantry Targets (SIT) and parts are the only commercially available products that will successfully integrate with the existing Meggitt/InVeris equipment already in place on the MRF range. InVeris is the only source for repair and holds proprietary rights on all equipment. The company will not guarantee any components which they have not provided, will not guarantee the equipment will function properly, nor will InVeris be liable for any damages to InVeris’s equipment outfitted with other manufacturers’ equipment.

2. Pursuant to ORS 279B.075 (2)(b): Exchange of Software or Data. Provide findings supporting your determination that the goods or services required for the exchange of software or data with other public or private agencies are available from only one source.

NA

3. Pursuant to ORS 279B.075 (2)(c): Pilot or Experimental Project. Provide findings supporting your determination that the goods or services are for use in a pilot or an experimental project.

NA

4. Pursuant to ORS 279B.075 (2)(d): Other findings that support the conclusion that Supplies and Services are available from only one source may include but are not limited to considerations of: unique design, availability, geographic location, exclusive authorized representative, cost of conversion, and warranty services.

The goods and services under this Sole Source memo are not available under DAS statewide price agreements, inmate labor, surplus, or any Oregon Forward Program Contractor.

InVeris Training Solutions is the original equipment manufacturer, Sole Source Provider, and only authorized reseller of the Stationary Infantry Targets (SIT) installed on the MRF range. The product is solely distributed and supported by InVeris and is not available from other third parties.

Approved By: ____________________________________________________________________ Sean McCormick, Designated Procurement Officer Date:

Oregon Military Department